Blueknight wrote:
The operator in Melton who accepted the (original) booking commits the offence of "operating a vehicle as a private hire vehicle when the vehicle is not licensed as a private hire vehicle". The leading authority on this aspect of taxi law is the case of "Shanks -v- North Tyneside District Council" No: CO/1018/01 wherein the Judge said,
"There was before the magistrates a consequential question arising out of the primary question as to the extent to which the sub contracting of work was permissible. It seems to me, and I think it is agreed by both counsel, that the answer to the proper meaning of section 46(1)(e) effectively answers that question. It is clear that whenever any operator acts by making provision for the invitation or acceptance of bookings for a private hire vehicle, he must use vehicles and drivers licensed by his licensing authority. He is perfectly entitled to do that by way of sub contract; but he cannot obtain the use of vehicles or drivers licensed by another authority in order to carry out the booking which he has as an operator made provision for by way of invitation or acceptance."
Ah but here is the next problem. The operating license is held in the name of a dead person so who will the council prosecute?